SUPREME COURT OF QUEENSLAND
CITATION: R v Edwards & Ors [2000] QCA 508 PARTIES: R
v
EDWARDS, Leslie Arthur
(appellant)
HEFEREN, Stephen Patrick
(appellant)
GEORGIOU, Liozos
(appellant)FILE NO/S: CA No 148 of 2000
CA No 159 of 2000
CA No 168 of 2000
SC No 92 of 2000DIVISION: Court of Appeal PROCEEDING: Appeal against Conviction ORIGINATING COURT: Supreme Court at Townsville
DELIVERED ON: 14 December 2000 DELIVERED AT: Brisbane HEARING DATE: 24 November 2000 JUDGE: de Jersey CJ, Williams and Douglas JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order madeORDER: In each appeal, quash the conviction and order retrial. CATCHWORDS: CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS – IRREGULARITIES IN RELATION TO JURY - OTHER CASES - all appellants convicted of murder - where certain irregularities occurred in relation to jury - whether trial judge erred in refusing to discharge jury - where one of jurors suffered personal problems during trial and absented himself from the group after jury retired, later returning to continue deliberations – where juror had lengthy conversations with police officers, but there was no evidence that he had discussed the jury’s deliberations with anyone
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - PARTICULAR MATTERS – CONTROL OF PROCEEDINGS - DISCHARGE OF JURY – construction of s 53 Jury Act 1995 - whether trial judge applied correct test in determining whether or not to discharge jury - trial judge gave insufficient regard to the perception of prejudice to a fair trial - test is whether the irregularities appeared to give rise to a reasonable suspicion about the fairness of the trial and that includes considering whether the public confidence in the proper administration of criminal justice could be preserved if the convictions were allowed to stand in the light of the irregularities
Criminal Code (Qld), s 621, s 622
Jury Act 1995 (Qld), s 53, s 54, s 56, s 57
R v Chaouk (1986) VR 707, considered
R v Davies (1991) 53 A Crim R 122, considered
R v Fielding [1993] 1 Qd R 192, considered
R v Jacksonand Le Gros [1995] 1 Qd R 547, considered
R v Ketheridge (1915) 1 KB 467, cited
Webb and Hay v The Queen (1994) 181 CLR 41, discussedCOUNSEL: TD Martin SC for appellant Edwards
GP Long for appellant Heferen
P Callaghan for appellant Georgiou
D Meredith for respondentSOLICITORS: Robertson O’Gorman for appellant Edwards
Legal Aid Office (Queensland) for appellant Heferen
Legal Aid Office (Queensland) for appellant Georgiou
Director of Public Prosecutions (Queensland) for respondent
de JERSEY CJ: I have had the advantage of reading the reasons for judgment of Williams J. I agree with the orders His Honour proposes and with his reasons. I add these observations concerning the test for…
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- AGLC
- R v Edwards [2000] QCA 508
- Case
- [2000] QCA 508
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the trial judge correctly applied the legal test set out in section 53 of the Jury Act 1995 when deciding whether to discharge the jury. The primary consideration was whether the irregularities gave rise to a reasonable suspicion about the fairness of the trial. The court held that the trial judge failed to sufficiently consider the potential prejudice to a fair trial and did not adequately address whether the public confidence in the administration of criminal justice could be preserved if the convictions were allowed to stand.
Consequently, the court concluded that the trial judge's decision was flawed and quashed the convictions of all appellants. It ordered that a retrial be conducted, reflecting the necessity to preserve the integrity of the criminal justice process and ensure that the convictions were based on a fair trial.
Orders
Orders of the court
In each appeal, quash the conviction and order retrial.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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